VILLAGE OF GRANVILLE COUNCIL MINUTES December 15, 2004
CALL TO ORDER (by Mayor Robertson at 7:32 pm)
PLEDGE OF ALLEGIANCE
ROLL CALL Those responding to the roll call were, Councilmembers Barsky, Hartfield, OKeefe, Herman, Main, Vice Mayor Lucier, and Mayor Robertson; Manager Hickman and Law Director Crites. Motion carried. APPROVAL OF AGENDA (7:32 pm)
Mayor Robertson moved to amend the agenda and report on a meeting in regards to Kendal after Citizens Comments. Councilmember OKeefe moved to discuss happenings at the Granville Recreation Commissions meeting under Committee Reports. Councilmember Main moved to discuss items in regards to the Granville Foundation under Committee Reports. Vice Mayor Lucier moved to accept the agenda as amended, seconded by Councilmember Herman. Motion carried.
CITIZENS COMMENTS (7:35 pm) Catherine Buxton, 371 Glyn Tawel, stated that she would like to get more information in regards to the possible smoking Ordinance. Mayor Robertson stated that the law directors of Newark and Heath have met, and she hopes Granvilles Law Director can meet with them sometime soon. Law Director Crites stated that he has prepared a draft Ordinance. Councilmember Main stated that Council will likely talk about this issue soon, but not until the Law Director has finished his part. Ms. Buxton asked if Council would be revising Mr. Reeses Ordinance. (It should be noted that Gib Reese attended an earlier intra- community meeting including Granville, Heath, and Newark.) Mayor Robertson indicated that there are some parts of the Ordinance that they disagree with, and that Mr. Reeses Ordinance currently states that entities other than police could enforce. She stated that their Ordinance would differ from his Ordinance and allow no other entities to enforce, and that the enforcement date would be the same for all three communities. Mayor Robertson stated that the first possible public hearing for such an Ordinance wouldnt be before the January 19th Council meeting. Council discussed the Ordinance going to a committee. An ad hoc committee was formed to discuss the smoking Ordinance, members included Councilmember Main, Councilmember OKeefe, and Mayor Robertson. Councilmember Main added that a public hearing could be held off until February, depending on the introduction date of the Ordinance and when the ad hoc committee can meet to discuss it.
Dan Bellman, 320 North Pearl Street, spoke to Council in regards to Kendals sewer line construction costs. He stated that it is his concern to factually set out the framework on this issue, regardless of what Council decides to do. Mr. Bellman distributed a handout to Council.
Mr. Bellman stated that his greatest concern is the idea of having any money coming from the schools to fund these kinds of projects, and the precedent that would set. He stated that a second concern would be how Council would appear. He stated that by framing this accurately and correctly this will put you (Council) in the best light. Mr. Bellman also stated that if the information is framed correctly Council may find that there isnt a problem for any government body to figure out. Mr. Bellman stated that the contract states the Law Director and Manager need to see the costs incurred by Kendal.
The following is a copy of Mr. Bellmans handout and items he went over with Council:
When the sewer line construction costs were discussed in the Village Council meeting of July 10, 2003, four options for sewer line construction costs were discussed. The estimated prices for the sewer line ranged from $618.405 to $898,095.
Today, Kendal states that its actual sewer line construction costs are about $1 million.
Kendal Sewer Line Construction Costs
1. $400,000 of Sewer Line Construction Costs: Kendal agrees that it should pay at least $400,000 of the sewer line costs based on original construction estimates. 2. $225,000 of Sewer Line Construction Costs: Under Kendals sewer contract, the Village agreed to reimburse Kendal $225,000 of Kendals costs via a sewer line surcharge fee. 3. $375,000 of Sewer Line Construction Costs: Regarding the remaining $375,000 in sewer construction costs: " Kendal bears the risk of any construction costs over $625,000 under its sewer contract with the Village. " Nevertheless, if the Township and Kendal so request, the Village will look at these $375,000 in costs and provide a position regarding who should bear these costs. In doing so, the Village will take another look at the $225,000 in sewer line surcharge fees, as well as what Kendals share of this additional amount should be. " Before the Village Council can review this issue, Kendal first must provide an accounting of its construction costs to the Village Manager, as required by its sewer contract.
Mayor Robertson closed public comments at 7:45 pm.
Report of Kendal Agreement Discussion Sewer Line Construction Costs
Mayor Robertson stated that she and Manager Hickman met with Trustee Jim Havens. She stated that the original question posed to Council was framed to ask if there was a willingness to renegotiate the over-sizing agreement. Mayor Robertson stated that she asked Mr. Havens to rename the agreement a Reimbursement Agreement, and that Mr. Havens agreed to do this. Mayor Robertson stated that they didnt talk much about the content, and they didnt discuss matters brought up by Mr. Bellman during Citizens Comments. She stated that Mr. Havens indicated that the Township is in the midst of doing diligence and asking questions like - Is someone negligent? She stated that the Township has collected contracts and requested bid estimates. Mayor Robertson stated that the ultimate decision made at the meeting was to go back to their respective groups - make a report - and request authority from the group to initiate in discussions.
Councilmember OKeefe asked where is the impetus coming from for us (Council) to be part of this decision. Mayor Robertson stated that Kendal has asked the school district and Township to do something, and the request to have Council listen is coming from the school district and Township.
Councilmember Herman asked if the school is requesting that this issue be discussed, and are they taking a position? Mayor Robertson stated that the school districts position is that they do not want a TIF. Councilmember Herman asked what is it that they wish to contribute to the process or to the discussion beyond the fact that they do not want a TIF? Mayor Robertson stated that a lot of the content was not discussed, but rather should the three mentioned entities enter into some type of discussion that addresses Kendals request for a TIF. Councilmember Herman stated that this is a result of their cost overrun.
Mayor Robertson presented the following timeline to Council: January 11 Collection of Data January 19 Meeting to Review Data with Trustee Havens, Manager Hickman and Mayor Robertson January 25 Meeting with Trustee Havens, Lyn Straker, Mayor Robertson, Manager Hickman
Mayor Robertson stated that at one time it was stated that there was some urgency to have this issue looked at by the end of December, and that this is no longer the case.
Mayor Robertson stated that the question she would like answered by Council is if they want to enter into discussions. She stated that her personal position is that they should try to understand what happened and listen to the data. She stated that there is no reason to rush into a decision, and that there is a good two months to generate a position by Council. She stated that she doesnt have a position about what Council ought to do, just some general ideas about things at this point. She stated that she is willing to say there is more to learn and we ought to be learning it. She stated that she also thinks this is an excellent opportunity to work with the Township and school district. Mayor Robertson stated that we (Council) are at times cast as being opposed to working with the Township and school district, even though she believes they have never been opposed to this.
Councilmember Herman stated that Council signed an agreement with Kendal and that the Village signs agreements like this a lot. He asked what role the Village would have if there are cost overruns incurred in other projects, and who picks up the tab? Manager Hickman stated that mostly the contractor would pick up these costs, unless there is something extraordinary, and there could be some consideration with certain types of situations.
Councilmember Herman asked what would happen if the Village bought a $24,000 car and the dealership would say that their costs are now higher, what would happen? Manager Hickman stated that they wouldnt be buying that car if more money had to be spent. Mayor Robertson stated that she understood the point Councilmember Herman was trying to make.
Councilmember Hartfield stated that she had heard the word negligent brought up a couple of times, and she asked if there is any negligence tied to the Village in any way. Manager Hickman stated no.
Councilmember Main asked Mr. Bellman what he was referring to when stating Council should have their Law Director look into the contract about potential negligence. Mr. Bellman stated that the contract requires Kendal to disclose all of their costs to the Village Manager and he then has thirty days to assess. Mr. Bellman stated that he believed the Village Manager would then ask the Law Director if he sees any reason for the cost overrun and is anyone liable, rather than Kendal.
Vice Mayor Lucier stated that what strikes her about this whole situation is that Kendal has not asked the Village to look into this matter, and until they do Council shouldnt be involved. Vice Mayor Lucier stated that as far as a public relations view its nice to talk with the school district and Trustees, but in this case we arent being asked, but still getting involved. She stated that the specific request came to the Township Trustees, and that she could see it as being appropriate to have the Law Director and Manager get involved. Vice Mayor Lucier stated that she cant see what Councils role would be, other than appearing to be cooperative. Manager Hickman acknowledged that he has not been contacted by Kendal. Councilmember Barsky stated that given the history of the community and the role that the Council plays and the fact that we are trying to look at economic development in addition to residential development here - If we were in a different position and we wanted to go to the Township Trustees and there are times perhaps in the past when we have wanted to have discussions with them and weve been rebuffed - She stated that she doesnt feel at this time it would be appropriate to take the position mentioned by Vice Mayor Lucier. She stated that there are logical reasons that Council should not get involved, but this is not a logical decision.
Vice Mayor Lucier stated that something else that could be done is to pass a Resolution to support the school board, stating that we agree with them that it is not appropriate to have tax reduction that is detrimental to the schools, and that we hope that Township Trustees will take this into account. She stated that we are more than willing to provide any kind of information that will help them.
Councilmember OKeefe asked if Council is being asked to help pay for the cost overrun. Mayor Robertson stated that Council has not been asked to do this, and that she is not prepared to change that agreement. She stated that it would of coarse take this body (Council) to offer to pay for the cost overrun or not pay for it. Mayor Robertson stated that she is only prepared to go and listen and learn understand and support essentially, and she feels this is what Council has been asked to do at this time.
Councilmember OKeefe asked how Council could help. Mayor Robertson stated that abiding by the agreement is a help in some way.
Councilmember Herman stated that he feels that if as Mayor, Mayor Robertson wanted to talk with them about this, he thinks that would be wonderful. He stated that it is always nice to be cooperative and listen to people. He stated that he doesnt feel there is any specific action Council should take at this point as far as endorsing or not endorsing.
Mayor Robertson stated that she would like to have Councils support in regards to entering into a discussion, and she is not asking for support to argue a certain way. She stated that her role would be to simply bring back to Council what is going on.
Councilmember Main stated that he would support this.
Councilmember OKeefe asked if Council would take a position, and Mayor Robertson stated no. Mayor Robertson stated that the possibility does exist that there is relevant data that Council is not aware of. She stated that she is not saying there is relative data, but the possibility does exist.
Councilmember Hartfield stated she would be curious to see what data the Township has.
Councilmember Herman stated that it is his opinion that listening is fine, but he would be against investing any Village resources to do anything on this. He went on to say that he is not convinced this is an issue for Council.
Councilmember Barsky stated that they arent asking for that right now.
Vice Mayor Lucier stated that Kendal has a problem before them and they have decided to go to the Township Trustees and ask for a TIF.
Mayor Robertson stated that the Township is in a difficult position and that she would like to see Council support them. She stated that being supportive can take all kinds of character.
Mr. Bellman suggested that Council may want to go through each bulleted item on the handout he provided and see if they agree or disagree. He stated that this could gravitate Council into the position they want to take on this matter.
Mayor Robertson stated that her willingness is to attend and learn and report back to Council.
PUBLIC HEARING (8:07 pm) Ordinance No. 30-04, An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 2005.
No one appeared to speak for or against Ordinance No. 30-04. Mayor Robertson closed the public hearing.
EXECUTIVE SESSION Pursuant to ORC 121.22(G)(2) To consider the purchase, or sale of property&&... (118 South Main Street). Councilmember Barsky moved to enter into Executive Session, Seconded by Councilmember Herman.
Roll call: Hartfield, Herman, Lucier, Barsky, Main, Robertson, OKeefe, Hartfield (7, 0)
Time in: 8:10 pm.
Councilmember Herman moved exit out of Executive Session and return to Regular Session. Seconded by Councilmember Barsky.
Time out: 8:34 pm.
Roll call: OKeefe, Robertson, Main, Barsky, Lucier, Herman, Hartfield (7, 0)
NEW BUSINESS (8:35 pm) Ordinance No. 32-04, An Ordinance Authorizing the Village of Granville to Enter into a Settlement Agreement and Mutual Release with Sensibilities, Inc., and St.Lukes Episcopal Church was introduced by Councilmember Main. Second by Councilmember Hartfield.
Mayor Robertson announced that the public hearing for Ordinance No. 32-004 will be held on January 5, 2005.
OLD BUSINESS Ordinance No. 30-04, An Ordinance To Make Appropriations For Current Expenses And Other Expenditures Of The Village Of Granville, State Of Ohio, During The Fiscal Year Ending December 31, 2005 was re-introduced by Councilmember Herman. Second by Councilmember OKeefe.
Discussion: Councilmember Herman stated that a few amendments were sent to Council after discussions in EFP Committee.
Councilmember Herman stated that the committee is recommending a new line item called Business Development Fund to be funded at a level of $12,000, and that a primary amount of the money would come from the hotel/motel tax. He stated that this would be monies that could be used with the Chamber of Commerce relative to projects promoting business development. Councilmember Herman stated that Manager Hickman has indicated that this idea is doable.
Councilmember OKeefe asked if the funds could be used for directional signs. Councilmember Herman stated yes. Manager Hickman stated that he believed the budget specifically depicted the money being spent for directional signs and a kiosk. Vice Mayor Lucier stated that she didnt think their committee had fully signed on to this idea. Councilmember Hartfield indicated that there were still some questions in regards to directional signs. Manager Hickman asked if additional monies needed to be put into the fund to pay for the signage and kiosk if the committee agrees on the expenditure. Councilmember Herman stated that this issue would need to be further discussed in committee and that there is no reason to create an account that has already been spent.
Councilmember Herman stated that there is also a line item for Law Enforcement Education Fund. He stated that previously there have been discussions about alcohol usage in the schools, and Council may want to consider using monies from this fund on projects to address alcohol related issues. He went on to say that the money in this fund has not been used in the past, and that the money comes partly from DUI fines.
Councilmember OKeefe inquired on the line item for street lighting; She asked if any part of this money could be used for new lighting, or just replacement lighting. Manager Hickman indicated that he would pull money from this fund for new lights if need be.
Councilmember OKeefe asked what the Strategic Land Reserve Fund is used for and she stated that there is no money in this fund. Manager Hickman stated that this fund is not used to purchase green space properties, and that the money comes from the General Revenue Fund. He stated that an example of land purchased with money from this fund would be a piece of land by the water plant costing around $5,000. Councilmember OKeefe asked if land in the Township could be purchased with money from this fund. Manager Hickman stated yes if it is considered to be a strategic land purchase.
Councilmember OKeefe stated that the Granville Fellowship has received $6,000 each year for a number of years, and that this year they are looking at a deficit. Council asked the amount of their rent, and it was stated that this amount is $1,200 per year. Councilmember OKeefe stated that she wished to plant a seed now to provide additional funding in this area for the future. Mayor Robertson stated that perhaps the board of Granville Fellowship could meet with some committees.
Roll call vote: Barsky, Hartfield, Herman, Lucier, Main, OKeefe, Robertson (7-0)
Ordinance No. 28-04 is adopted.
REVIEW OF MINUTES Regularly Scheduled Meeting of December 1, 2004 Councilmember OKeefe moved to accept the minutes as amended; seconded by Councilmember Herman. Motion carried, 7-0.
MAYORS COURT REPORT November The Mayors Court Report for the month of November was presented for review.
Discussion: Councilmember Hartfield stated that several neighbors on Prospect and Elm streets have commented to her about the parking tickets being issued for parking inches away from a curb. It was stated that the legal distance is fifteen inches. Manager Hickman stated that he would further discuss this with Councilmember Hartfield.
Vice Mayor Lucier discussed street sweeping, and if there has ever been discussions to have a schedule to have the edge of the street open for street sweeping. Manager Hickman stated that most of the time street sweeping is done in early morning hours and that it is necessary to make sure that this is publicized so people are aware.
Councilmember Barsky moved to accept the November reports; seconded by Councilmember OKeefe. Motion carried 7-0.
Mayor Robertson instructed the report be filed with the Clerk. A copy of the said report is included as part of these Minutes.
MANAGERS REPORT November The Managers Report for the month of November was presented for review.
Councilmember Barsky moved to accept the November report; seconded by Councilmember OKeefe. Motion carried 7-0.
Mayor Robertson instructed the report be filed with the Clerk. A copy of said report is included as part of these Minutes.
Economic, Finance, Personnel Committee (EFP) Hartfield, Herman, Lucier Councilmember Herman stated that the committee discussed the budget. Mayor Robertson thanked the committee for the good job and she stated that the report was good as well.
Councilmember Barsky stated that she had a question that would entail the budget and LSSU committee in regards to roundabouts. She stated that there were discussions at one time about having a workshop/seminar done in regards to roundabouts and that this workshop/seminar could possibly help pay for some of the engineering costs related to them. Manager Hickman stated that this could be looked at again. It was stated that Trudy Knox volunteered to help organize the workshop/seminar. Councilmember Barsky stated that whether or not there is a workshop or consultant used, she suggests a relatively short timeframe. It was stated that there is a $30,000 allocation in the budget. Councilmember Herman and Councilmember OKeefe stated that they would support the comments of Councilmember Barsky.
Light, Safety, Sts/Sidewalks, Utility Committee (LSSU) Lucier, Hartfield, Main Councilmember Hartfield stated that the committee will meet on Friday, December 17th AM.
Planning Commission OKeefe Councilmember OKeefe stated that a property on West Broadway was approved for remodeling, but denied an occupancy permit due to a mis-communication. She stated that the Planning Commission met with owner of the property and decided to grant approval. Council asked what happened with this situation. Manager Hickman stated that the work done is a quality improvement to what was there. He stated that the improvements that were done by the home owner were not exactly the same as what he told the Village Planner. Manager Hickman stated that the first floor windows were shorter than what were approved. Councilmember Herman acknowledged that he had seen the windows that were installed, and thought that they werent what should have been approved according to the Village code. Manager Hickman stated that the permit and what actually happened in the remodeling were different. He stated that later the Planning Commission looked at the total improvements that were done and decided to approve the permit. Manager Hickman stated that there was a communication break down with the Planner thinking one thing and the home owner doing another. He stated that the staff has not had the time to keep up on what is actually happening, and if it matches the approval on the permit. Manager Hickman stated that a part-time person is needed to help in this area. Council discussed what district the home on West Broadway was in; It was stated that it is in the Transportation Corridor District. Councilmember Barsky stated that the Village constantly gets into positions where someone does something that wasnt approved, and the Planning Commission goes ahead and approves it. She stated that with the situation on West Broadway, she is sorry the home owner spent the money for the improvements that were not approved, and she is sorry that the Planning Commission gave the ok. Council stated that they had asked for an Ordinance to move towards having everything in the Village considered under the Architectural Review Area guidelines. Manager Hickman indicated that he would work with Law Director Crites on this matter. Councilmember Main stated that there should be two public hearings on a large scale change like this.
Councilmember OKeefe stated that a sidewalk (sandwich board) sign for Green Velvet was tabled. She stated that the Law Director is going to look at legality issues because the sign advertises two businesses on it, and there is nothing in the code to address this. Councilmember OKeefe also stated that she thought that there were going to be limits put on these types of signs. Manager Hickman stated that directional signs could address this issue if they are approved. Law Director Crites agreed to look at this issue.
Planning & Zoning Committee (P&Z) Barsky, OKeefe, Robertson Councilmember Barsky stated that the committee discussed expanding the historic area boundaries so that architectural review guidelines extend throughout the original Village. She stated that it would be beneficial to do something soon January 5 or 19. She stated that the committee also discussed permitted and prohibited businesses for a proposed JEDD, and that Granville Township zoning prohibits certain uses throughout the Township. She stated that the committee requested that Law Director Crites review the zoning pages and determine whether they apply to the Village as part of the Township and whether the provisions are suitable. Councilmember Barsky stated that the committee discussed and passed on the Thoroughfare Plan, Traffic Impact Study, and Access Management Plan. She stated that these matters were passed on to the County Engineer for feedback. Councilmember Barsky stated that the committee will meet again on December 21 to review the JEDD document. She stated that Township zoning regulations are available on the website if anyone is interested in seeing them.
Senior Committee Robertson Mayor Robertson stated that the committee met with National Church Residences and Keith Myers was also at the meeting. She stated that National Church Residences looked at several potential sites, and they focused on the Bryn Du property. She stated that they have since dissuaded them from looking at this property, one reason being that Keith Myers felt that it was not an appropriate location. Mayor Robertson stated that Mr. Myers felt the proposed buildings would overpower the existing setting, and that she too was a bit surprised of the scale and size presented. Mayor Robertson stated that National Church Residences will continue to look for an alternate location.
Union Cemetery Main No Report.
Granville Recreation Commission OKeefe Councilmember OKeefe stated that the commission has received approval from the Township to have a 1 mil levy on the May ballot. She stated that the .5 mil levy will be discontinued if the 1 mil if approved. Councilmember OKeefe stated that the members of the Granville Recreation Commission are a dynamic group of people. She stated that they held a dinner for 120 senior citizens at St. Edwards Catholic Church, and that it was a very nice event.
Councilmember OKeefe stated that the commission is working on planning events for the Bicentennial.
Councilmember OKeefe stated that Granville Rec Commission is also looking into possibly acquiring space at the Bryn Du Mansion.
Granville Foundation - Main Councilmember Main wanted to remind everyone to keep the Granville Foundation in mind for end of the year charitable giving.
OTHER COUNCIL MATTERS Councilmember Barsky stated that Council needs to look at the direction of Strategic Planning Steve Millett.
Councilmember Barsky stated that she met with Marcia Phelps, Rob Klinger, and Manager Hickman to discuss potential uses for the Owens Corning property. She stated that they are working on a master plan for multi use kinds of things. She stated that there was no immediate desire to disband the property. Councilmember Barsky stated that the next step would be to meet with ODOT because no one is clear what route 161 will actually take. She stated that it was decided that Owens Corning would initially go to ODOT, with the others on board. Councilmember Barsky stated that there was also talk of sharing the JEDD document. Councilmember Barsky stated that some people were pushing to make the property residential, and that these people were surprised to see everyone else not supporting it to be residential. When asked who the people pushing residential were, Councilmember Barsky stated mostly consultants from Owens Corning. Councilmember Barsky stated that Jim Eckerd, from Owens Corning, is interested in thinking outside the box and he wants to see something located at the property that is appreciated by the community.
Vice Mayor Lucier stated that this issue raises the proposal she and Mayor Robertson had previously mentioned in regards to having a study done by Randy Gross. Councilmember Barsky stated that she was glad Vice Mayor Lucier brought this up, and that she wanted to suggest that Council bite the bullet and pay to have this study done. Council had previously asked the school board, Township, and the Chamber of Commerce if they would be willing to participate in contributing for such a study.
Councilmember Hartfield stated that an email was sent out by Pat Moller in regards to this matter.
Councilmember Barsky stated that she understood there to be limited funds by the Chamber, the Township didnt think they could spend money in this way, and that there were initial reservations by the school board.
Council agreed to pay for the expenditure to hire Randy Gross to compile data and do a study. Mayor Robertson asked if an Ordinance was needed. Manager Hickman stated that he can prepare a requisition from the quote provided by Mr. Gross, and he could have this ready by January 2. Mayor Robertson asked if there was unanimous agreement amongst Council. There was no disagreement. Councilmember Barsky asked to have a copy of the proposal when complete. Councilmember Hartfield stated that Ms. Moller, from the Chamber of Commerce, should be contacted on what Council has decided to do in regards to this matter. Mayor Robertson agreed to contact Ms. Moller.
Vice Mayor Lucier stated that she will be attending magistrate training. ADJOURNMENT (9:36 pm) Councilmember Herman moved to adjourn. Second by Councilmember Main. Motion carried, 7-0. Meeting adjourned.
Submitted by Melanie Schott